About This Page
Pittsburgh Family Law FAQs
The questions below are among the most common the firm receives from people in Allegheny County who are navigating divorce, custody, support, and related matters. The answers reflect current Pennsylvania law with emphasis on how it is applied in Allegheny County.
These answers are general information only — they do not constitute legal advice and do not address the specific facts of any individual's situation. For questions about how the law applies to your case, the first call is free and Attorney Levine handles these cases personally.
Divorce
Divorce Questions
How long does it take to get a divorce in Pennsylvania?
It depends on the type of divorce and the issues involved. A mutual consent divorce where both parties agree and all economic claims are resolved can be completed in as little as 90 days from service of the complaint. Contested cases — where there are disputes over property, support, or custody — typically take 12–18 months in Allegheny County, sometimes longer in complex matters. The date of filing and the issues involved are the primary variables.
What is the difference between mutual consent and contested divorce in Pennsylvania?
Mutual consent divorce (Section 3301(c)) requires both spouses to agree that the marriage is irretrievably broken and to file Affidavits of Consent after a 90-day waiting period. It is the fastest and least expensive path when both parties cooperate. Contested divorce (Section 3301(d)) requires one year of separation and proceeds regardless of whether the other spouse consents. It is used when the parties cannot agree or when one spouse refuses to participate in the process.
Do I need to prove fault to get divorced in Pennsylvania?
No. Pennsylvania allows no-fault divorce, and the overwhelming majority of cases proceed on that basis. Fault grounds — adultery, abandonment, cruel treatment — still exist in the statute but are rarely pursued. Marital misconduct may, however, be relevant to certain economic claims depending on the circumstances.
Can I file for divorce if my spouse doesn't want one?
Yes. After one year of separation, you can proceed with a contested no-fault divorce (Section 3301(d)) without your spouse's consent. You cannot be kept married against your will in Pennsylvania. The spouse who does not want the divorce can, however, contest the economic issues — property division, support, and alimony — which will be resolved through the court process.
Does Pennsylvania require a separation period before divorce?
For contested no-fault divorce, yes — one year of separation is required. As of December 3, 2016, Pennsylvania reduced this from two years to one year. For mutual consent divorce, there is no separation requirement — only a 90-day waiting period from service of the complaint.
Is there legal separation in Pennsylvania?
No. Pennsylvania does not recognize legal separation as a formal court status — there is no filing, decree, or court order that places a married couple into a "legally separated" status while the marriage continues. What Pennsylvania does recognize is the date of separation: the date on which the parties began living "separate and apart" with the affirmative intention of treating the marriage as ended. That date carries substantial legal significance — it determines what assets and debts are part of the marital estate, when spousal support becomes available, and when the one-year clock starts for contested no-fault divorce. But the status of being "legally separated" is not something the parties or the court enter into. Couples who need to address property, support, or custody before filing for divorce typically do so through support filings, custody filings, or a Marital Settlement Agreement — not through any "legal separation" proceeding.
How is property divided in a Pennsylvania divorce?
Pennsylvania follows equitable distribution — assets and debts acquired during the marriage are divided equitably, which means fairly, not necessarily equally. The court applies a multi-factor analysis considering the length of the marriage, contributions of each party, economic circumstances, age and health, and other relevant factors. Most cases resolve through a negotiated Marital Settlement Agreement rather than a court hearing.
Is the house always sold in a divorce?
Not necessarily. Options for the marital home include: sale with division of proceeds, one spouse buying out the other's equity share, or a deferred sale arrangement. The right outcome depends on each party's financial situation, the carrying costs, the children's needs, and the tax implications of each option. Sale is common but not required.
Child Custody
Custody Questions
What is the difference between legal and physical custody?
Legal custody is the right to make major decisions in a child's life — education, healthcare, religious upbringing, extracurricular activities. Physical custody addresses where the child physically resides. A parent can have shared legal custody (equal decision-making) while one parent has primary physical custody (child lives primarily with them).
Does Pennsylvania favor mothers over fathers in custody cases?
No. Since the Pennsylvania Custody Act took effect January 24, 2011, custody matters are gender-neutral. Courts no longer presume that children should spend more time with the mother. Every case is evaluated on its specific facts under a best interests of the child analysis. The public policy of Pennsylvania specifically favors reasonable and continuing contact with both parents.
How does Pennsylvania determine the best interests of the child?
Pennsylvania courts apply a statutory list of factors — 16 factors for cases filed before August 29, 2025, and 12 consolidated factors under Act 11 of 2025 for cases filed after that date. These factors include: safety of the child, each parent's involvement in daily care, which parent is more likely to encourage contact with the other parent, stability of the home environment, the child's sibling relationships, geographic proximity, and the child's preference given appropriate weight for age and maturity.
At what age can a child decide which parent to live with?
There is no age in Pennsylvania at which a child's preference is automatically determinative. Courts consider the child's preference, giving it weight in proportion to the child's maturity and the soundness of their reasoning. An older teenager's preference carries more weight than a young child's, but it is always one factor among many — not a veto.
Do we have to go to court for custody?
Not necessarily. Many parents resolve custody by agreement — drafting a Custody Consent Order that formalizes the arrangement they have worked out together. This can be done relatively quickly and inexpensively compared to contested litigation. Even when parents file a Custody Complaint, the Allegheny County process involves remote mediation before any court involvement, which often resolves cases without a hearing. Litigation for custody is not always needed if the parents can agree on a schedule.
My co-parent wants to move with our children. What can I do?
Pennsylvania has specific relocation procedures. A parent who wishes to relocate must provide written notice at least 60 days in advance. If you object, you must file a counter-affidavit within 30 days — missing that deadline may allow the relocation to proceed. If you object and file timely, neither party may relocate with the children until the court resolves the dispute. Relocation matters require prompt attention.
Child Support
Child Support Questions
How is child support calculated in Pennsylvania?
Pennsylvania uses an income shares model — both parents' net monthly incomes are combined, and a support schedule determines the basic obligation based on that combined income and the number of children. The obligation is then allocated proportionally between the parents based on their respective income shares. Custody time, health insurance, and childcare costs are also factored in. Effective January 1, 2026, a new support schedule applies to all new and modified orders.
Does custody time affect child support?
Yes, directly. When a non-primary parent exercises 40% or more of overnight custody, a shared custody adjustment applies that reduces the basic support obligation. Changes to the custody schedule can affect support — but the support order does not change automatically. A modification petition must be filed separately.
Can child support be modified?
Yes. Either party may seek modification when there has been a substantial change in circumstances — a significant income change, job loss, change in the custody schedule, or a change in the child's needs. Modification is effective from the date the petition is filed, not the date circumstances changed. Filing promptly when circumstances change is important.
Until what age does child support continue in Pennsylvania?
Generally until the child reaches the age of 18 or graduates from high school, whichever occurs later. Support may continue longer in appropriate circumstances if the child has a disability.
My co-parent is not paying support. What can I do?
Pennsylvania has multiple enforcement mechanisms for unpaid child support, including wage attachment, license suspension, contempt proceedings, and interception of tax refunds. When support is not being paid, prompt enforcement action is available. Contact the Allegheny County Domestic Relations Section or consult with an attorney about the appropriate enforcement steps in your situation.
Support and Alimony
Spousal Support, APL, and Alimony Questions
What is the difference between spousal support, APL, and alimony?
All three are forms of financial support from a higher-income to a lower-income spouse, but they apply at different stages. Spousal support is available after separation and before a divorce complaint is filed — and is subject to an entitlement defense based on marital misconduct. APL (Alimony Pendente Lite) applies once a divorce complaint is filed and continues throughout the divorce proceedings — through DHO conciliations, hearings, and exceptions, and through any appeal as of right on equitable distribution matters until a final order is entered. APL is not subject to the misconduct defense. Alimony is post-decree support, awarded only where necessary, not governed by a formula, and determined on a case-by-case basis after equitable distribution is resolved.
How is spousal support calculated?
The formula under Rule 1910.16-4 applies different percentages to each party's income: without children, it is 33% of the obligor's net monthly income minus 40% of the obligee's net monthly income. When child support is also involved in the same case, different percentages apply and both obligations are calculated together. Net income includes wages, bonuses, self-employment income, investment income, and other regular sources, minus applicable taxes and deductions. The formula produces a guideline amount; deviations are available in appropriate circumstances.
Is alimony automatic in a Pennsylvania divorce?
No. Alimony is a secondary remedy — meaning it is considered only after equitable distribution has been determined. Under 23 Pa.C.S. § 3701(a), the court may allow alimony only if it finds alimony is necessary, and § 3701(b)(16) directs the court to consider whether the party seeking alimony lacks sufficient property (including ED-distributed property) to meet reasonable needs. The practical effect: alimony is a secondary remedy to the extent that the marital estate is insufficient to provide for the dependent spouse's reasonable needs. When equitable distribution adequately provides, alimony may not be awarded at all. When it is awarded, the amount and duration are determined on a case-by-case basis under the 17 statutory factors. Alimony is not governed by a formula.
What are the three types of alimony in Pennsylvania?
Pennsylvania recognizes three forms of post-divorce financial support. Rehabilitative alimony provides defined-period support so the dependent spouse can acquire the education, training, or certifications needed to become self-supporting — for example, a spouse who put a career on hold to raise the children and needs time to bring lapsed licenses or certifications current. Equitable reimbursement, recognized under Pennsylvania law, compensates a spouse who supported the other through education or career advancement during the marriage when divorce occurs before the supporting spouse can share in the resulting earning power; the textbook scenario is a spouse who waited tables while the other attended medical school. Permanent alimony, awarded under § 3701(c) for an indefinite period, applies where rehabilitation is not realistic — typically long marriages with substantial income disparity, limited education, no recent work history, approaching retirement age, or disabilities limiting earning capacity. "Permanent" does not mean forever; the award is modifiable on changed circumstances and terminates on remarriage, qualifying cohabitation, or death.
Protection from Abuse
PFA Questions
How do I get a restraining order in Pennsylvania?
Pennsylvania does not use the term "restraining order" as a formal category. The civil family-law remedy that protects a person from abuse, threats, harassment, or stalking by a family or household member is a Protection from Abuse (PFA) order, governed by the Protection From Abuse Act at 23 Pa.C.S. § 6101 et seq. To qualify for a PFA, the parties must be in a covered relationship: spouses or former spouses, persons who have a child in common, current or former intimate partners, parents and children, persons related by blood or marriage, or persons who currently or formerly cohabited as spouses. If the relationship between the parties does not fall within the PFA statute — for example, a stranger, a coworker, or a neighbor — the appropriate remedy may be a Sexual Violence or Intimidation Protection Order under 42 Pa.C.S. § 62A01 et seq., or, in some circumstances, criminal charges with bail conditions, harassment or stalking charges, or a no-contact order issued in connection with an underlying criminal matter. The firm handles family-law PFA matters; non-family-law restraint matters are referred elsewhere.
What is a PFA and how do I get one?
A Protection from Abuse order is a civil court order that prohibits an abusive party from having contact with you or your children. Temporary PFA petitions are filed at the Family Court Building, 440 Ross Street, Pittsburgh, Monday through Friday from 8:00 AM to 11:00 AM. If you are in immediate danger outside those hours, Emergency PFAs are available through Magisterial District Courts and Pittsburgh Municipal Court. Emergency Night Court is available after 6:00 PM and on weekends at 412-350-3240. There is no filing fee for a PFA.
A PFA was filed against me. Am I provided with a free attorney?
No. This is a common misconception. All plaintiffs at the final PFA hearing are offered the option of a free attorney through the court. Defendants are not provided with free representation — a PFA is a civil, not criminal, proceeding, and there is no public defender for civil matters. If you want legal representation at the final hearing, you must retain an attorney privately. Once a final PFA is entered, it is too late to reconsider going unrepresented.
How long does a PFA last?
A temporary PFA is in effect until the final hearing, typically scheduled within ten business days. A final PFA order, entered after a hearing at which both parties have the opportunity to testify, can last up to three years and can be extended under certain circumstances.
Marriage and Engagement
Common Law Marriage and Engagement Questions
If we live together for seven years, are we married under Pennsylvania common law?
No. This is a widespread misconception. Pennsylvania abolished common law marriage effective January 1, 2005 under Act 144 of 2004 (codified at 23 Pa.C.S. § 1103). No common law marriage contracted after January 1, 2005 is valid in Pennsylvania, regardless of how long the parties have lived together. There is no seven-year rule, no two-year rule, no any-year rule. Common law marriages contracted before January 1, 2005 remain valid if they otherwise met the requirements at the time, but for any couple who began cohabiting after that date, only a properly licensed and solemnized marriage creates marital rights.
Our engagement was broken off. Who keeps the engagement ring?
Pennsylvania treats an engagement ring as a conditional gift — it does not vest in the recipient until the contemplated marriage occurs. If the engagement is broken off and no marriage takes place, the ring must be returned to the donor regardless of which party broke off the engagement. Pennsylvania follows a "no-fault" approach: the donor recovers the ring whether the donor or the recipient ended the engagement. The same principle has been applied to other gifts given in contemplation of marriage, such as down payment monies for a house intended to be the marital home.
Working With This Practice
Questions About Retaining Scott Levine
What happens on the first call?
Attorney Levine answers every initial call personally. The call is free, there is no obligation, and no payment is required before speaking with counsel. He will ask focused questions about your situation, provide an honest assessment of what your matter involves, and help you determine whether the firm is a good fit for your case. If it is not, you will leave the call with direction — whether that means retaining counsel, scheduling a paid strategy session, or proceeding independently.
Does Scott Levine handle cases outside Allegheny County?
The firm handles family law matters in Allegheny County. Matters pending in other Pennsylvania counties or other states are not within the scope of the firm. Clients frequently contact the firm from outside Pittsburgh — out of state, internationally — for matters pending in Allegheny County. What matters is that the case is in Allegheny County, not where the client is located.
How does billing work?
The firm bills hourly. A retainer is required upfront and applied toward the final bill — it is not in addition to hourly fees. The retainer amount and hourly rate are discussed directly on the first substantive call. Billing reflects actual time invested in your matter — not rounded up, not padded. Multiple clients have specifically noted in reviews that the billing was fair and transparent.
Can I handle part of my case myself and hire Scott for the rest?
Yes, in some circumstances. Limited scope representation — where an attorney handles specific aspects of a matter rather than full representation — is available for appropriate situations. This is discussed case by case. It tends to work well for clients who are capable and organized but need representation at a specific hearing, assistance drafting a specific document, or guidance on a specific legal question.
Additional Free Legal Q&A
Avvo Q&A — 300+ Answers to Pennsylvania Family Law Questions
Over the years, Scott Levine has answered more than 300 family law questions publicly through Avvo's legal Q&A platform — covering child support, custody, divorce, alimony, protection from abuse, equitable distribution, and other Pennsylvania family law issues. These answers reflect real questions asked by real people and are available to read at no cost.
Avvo has also awarded Scott Levine a 10.0 rating — the platform's highest — based on years of client reviews, peer endorsements, and professional credentials. The Q&A archive is a practical resource for people trying to understand how Pennsylvania family law applies to specific situations.
Avvo Q&A responses are general legal information, not legal advice specific to your situation. They are a useful starting point for understanding the legal landscape before your first call.
Related Pages
DivorceDivorce representation in Allegheny County
Child CustodyPennsylvania custody law and process
Child SupportSupport calculation and modification
Free Legal ResourcesOfficial court links and resources
Public Legal Q&A
Avvo Public Q&A
Scott has answered hundreds of questions on Avvo’s public legal Q&A platform — brief written guidance for people trying to get oriented before they reach a lawyer. A few representative answers are reproduced below. These are general orientation, not legal advice on any specific matter, and the firm has no attorney-client relationship with the original asker.
Divorce · Equitable Distribution
Q: My wife is not on the title or deed and the house is under water — how will the equity be divided?
Asked on Avvo
Scott's answer: Generally, under Pennsylvania law, if a count for Equitable Distribution of Property is included in a Complaint in Divorce, the Court can divide the marital portion of all marital assets and liabilities. The marital estate often includes property titled in one spouse's name. Here, if this is pure debt, it could be divided in the overall picture of the marital estate, or sold with the loss divided equitably as well. More information is needed to clarify any nuance that may exist for your situation. To that end, you would be well served by consulting with an attorney who practices in the jurisdiction in which you reside for specific guidance on how this issue is generally handled by your local courts and Divorce Hearing Officers and/or Judges.
Child Custody · Relocation
Q: My child's father moved 45 minutes away. Who is responsible for transportation?
The asker described that the parents previously lived 10 minutes apart and shared drop-off and pick-up. The father moved in with a new partner 45 minutes away, and now wants to share or split the driving for his custody time. The parents share legal custody; the asker has primary physical custody.
Scott's answer: If you have an existing Custody Order, it could have been modified to address this situation or more likely has language that the father would have had to comply with prior to moving. To that end, the father should have filed a Notice of Proposed Relocation prior to his move, as the move impacts the non-relocating party — here, with regard to travel for exchanges. You should speak to an attorney who practices where you live to seek assistance with addressing this formally through the court. The relocation rule is at 23 Pa.C.S. § 5337.
Child Custody · Mediation
Q: How do I change a verbal custody agreement reached at a pre-custody conference?
The asker described feeling pressured into agreeing at a pre-custody conference and not having signed any paperwork yet.
Scott's answer: In Allegheny County, prior to the Judicial Emergency, following an education seminar, the parties to a custody action attended a Mediation on the first floor of the Family Court facility. The parties were able to reduce their wishes for custody to a written Memorandum of Understanding (MOU). The MOU could then be made into a Custody Order at court or afterwards by counsel for either party. As a result of the global pandemic, the Generations program was moved to an online experience. The Mediation also migrated to a virtual session. The parties retain the ability to have the issues that were agreed upon at the virtual mediation reduced to writing and made into a formal Custody Order that would be executed by the parties, submitted to the Judge of Record for signature, and filed with the court. For an answer to your specific situation, you could contact a lawyer who practices in the county where your case was filed.
Additional answered questions are available on Scott's Avvo profile, where the firm maintains a 10.0 rating and continues to provide brief public guidance on family law questions across Pennsylvania. View all answers on Avvo →